US vs. Albarado

U .S . v . Albarado

Issue : Is the search using a magnetometer justifiable

Applicable Rule of Law : The conviction of the herein defendant was based upon Title 18 Section 472 of the U .S . Code (18 U .S .C 472 ) which prohibits possession of counterfeit currency with intent to defraud (495 F .2d 799 . On the part of the defense , the Fourth Amendment on search and seizure and the jurisprudence , Terry vs . Ohio (392 U .S . 1 ) were raised

Application of Rule of Law : By virtue of the Fourth Amendment , a person

may be searched only under a valid search warrant . However , in this case , the search was done in accordance with the government 's policy to deter hijacking by ensuring that no weapon is carried by a passenger in boarding a plane . In resolving the reasonableness of a search , the need for the search and the right of the individual to privacy should be balanced . The use of magnetometer has exceeded the need and has invaded the right as guaranteed by the Constitution . This is because the magnetometer can be activated by any metal that is not used in weapons

Additionally , in the case of Terry , it has been declared that a frisk is the gross invasion to privacy , in general . However , it was justified in Terry because there was no more means available . In the present case the frisk conducted by the airport officials after the magnetometer was activated constituted to invasion of privacy . The consent cannot even be...